MANILA, Philippines (UPDATED) – Nicko Falcis has denied the allegations of theft that Kris Aquino filed against him, calling them “false, baseless and malicious” in counter-affidavits filed in several cities.
Falcis filed the counter-affidavit against his former boss before the Office of the City Prosecutor in Manila on January 3.
His lawyers at Ponferrada-Ty Law Offices also filed counter-affidavits in the cities of Taguig and Pasig on December 17, 2018.
The counter-affidavits are a response to the qualified theft complaints filed against him by Kris Aquino in 7 different cities in October 2018.
“With as much integrity as truth, I vehemently deny and refute all of her allegations against me as set forth in her Complaint-Affidavit because her allegations are false, baseless and malicious,” Falcis said in the counter-affidavit.
He also said that Aquino filed the cases against him as “part of her scheme to coerce me into involuntarily submitting to her will and complying with her unreasonable demands, including that I and members of my family execute the documents she intended for our signatures.”
Credit card expenses
In her complaint, Aquino claimed that Falcis stole an amount of P1,270,980.31 using a credit card under her production company Kristina Cojuangco Aquino Productions (KCAP).
But according to Falcis, he only used the credit card to pay for expenses related to KCAP, and that Aquino had approved of them. He highlighted payments made to Google and Facebook, saying that these were to boost Aquino’s online presence.
“All those items were supported by receipts and properly recorded, with an explanation of each expense, in order to establish an audit trail, for Aquino’s and her accountants’ review.”
He also said that Aquino never put any restrictions to his use of the card.
“As the credit card statements show, the expenses for which I paid with the use of the credit card generated positive results for Aquino.”
According to Falcis, other items charged to the card, including dinners at pricey restaurants and hotels, were “representation expenses” for business.
“Aquino also sought to project that she was generous with persons who worked with and for her, and that those persons were compensated handsomely. Thus, at the conclusion of my meetings with brand representatives, I would pay for the meals using the credit card,” he said.
In the counter-affidavit, Falcis also recalled an incident in September 2018 where Aquino allegedly forced him to sign a Quitclaim and Non Disclosure Agreement, and questioned his credit card expenses even from months prior.
He also said that he made a check out to Aquino for P437,595.67 – the amount of all the items she had questioned in the credit card statements. He said that he then gave the check to Aquino’s chief of staff, Alvin Gagui.
Threats on his life
Shortly after, he flew abroad and during a conversation with Aquino from there, she allegedly threatened his life if he returned to the Philippines – a claim that Falcis’ brother Jesus also made when he issued a statement on behalf of their family in November 2018.
“Aquino has sufficiently proven to me that she wields great power and has powerful friends, that she can easily violate my right to privacy of my travel records, and that she can track me down,” Falcis said, explaining why he took the supposed death threat seriously.
Falcis claimed he has not been paid for some commissions he is due.
Aquino’s former manager, in his counter-affidavit, said that for every endorsement or talent contract he generated and closed, Aquino paid him the talent agent rate of 12% of the contract amount, and that she used to issue a check within 3 weeks after the contract was signed, and after she was paid by the brand.
“Per my record, Aquino has not yet paid me the commissions due me as of the end of August 2018 in the amount of at least P 9,800,000. I also have more unpaid commissions which fell due as of the end of September 2018. By my reckoning, the amount due me now reaches more than 20 million pesos. Records in Aquino’s possession will bear this out,” Falcis said
He stressed that the complaints filed by Aquino were meant to coerce him and his family into signing additional documents that he says “were clearly unfair.”
Within the month, Falcis will also be filing counter-affidavits in the remaining 4 cities where Aquino filed complaints. – Rappler.com